CHAPTER I GENERAL * * R.S. 40:49-1 Ordinance and resolution defined. the term ordinance when used in this

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2 CHAPTER I GENERAL * 1-1 SHORT TITLE. This book shall be known and may be cited as The Revised General Ordinances of the Borough of Point Pleasant (1985), and is herein referred to as the Code. (New) 1-2 DEFINITIONS. For the purpose of this Code, and in the interpretation and application of all other ordinances heretofore or hereafter adopted, except as the context may otherwise require: Borough shall mean the Borough of Point Pleasant in the County of Ocean and State of New Jersey. Borough Council or Council shall mean the governing body of the Borough, constituted and elected pursuant to law. Clerk or Borough Clerk shall mean the municipal clerk duly appointed pursuant to law. Department shall mean an organizational unit of the Borough government established or designated by ordinance or this code as a department, together with any agency or instrumentality of the Borough government assigned to such organizational unit by the Borough Council. Licensed shall mean licensed in accordance with the appropriate section or chapter of this Code. Month shall mean a calendar month unless otherwise specifically provided. Oath shall be construed to include an affirmation where an affirmation may be substituted for an oath. In such cases, the words swear and sworn shall be equivalent to the words affirm and affirmed. Officer or Official and the title of an officer or official shall be construed as if the words of the Borough of Point Pleasant followed it. Ordinance shall mean any act of local legislation heretofore or hereafter adopted, and including this Revision, so long as it shall have been adopted by the procedure required for the adoption of an ordinance and so long as it shall remain in force and effect pursuant to law. Owner shall mean any part owner, joint owner, tenant in common, tenant in partnership, join tenant or tenant by the entirety, of the whole or of a part of such building or land. * R.S. 40:49-1 Ordinance and resolution defined. the term ordinance when used in this section means and includes any act or regulation of the governing body of any municipality required to be reduced to writing and read at more than one meeting thereof and published. The term resolution when used in this section mans and includes any act or regulation of the governing body of any municipality required to be reduced to writing, but which may be finally passed at the meeting at which it is introduced.

3 Person shall mean any individual, natural person, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, corporations or unincorporated groups; or any officers, agents, employees, servants, factors or any kind of personal representatives of any thereof in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant to law. Personal property shall mean goods and chattels, rights and credits, moneys and effects, evidences of debt, and all written instruments by which any right to, interest in, or lien or encumbrances upon, property or any debt or financial obligation as created, acknowledged, evidenced, transferred, discharged or defeated, in whole or in part, and every thing, except real property as herein defined, which may be the subject of ownership. Preceding and following shall mean next before and next after, respectively. Property shall mean real and personal property. Public grounds, public squares, public place or public places shall severally be construed to mean any and every public ground, public square, public park, or other public place within the Borough. Real property shall include lands, tenements and hereditaments, all rights thereto and interests therein. Resolution shall mean and include any act or regulation of the Borough Council required to be reduced to writing, but which may be finally passed at the meeting at which it is introduced. Sidewalk shall mean any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians, excluding parkways. Street shall include a street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, sidewalk and crosswalk, and every class of road, square, place or municipal parking field used by the general public. Tenant or occupant applied to a building or land, shall include any person who occupies the whole or a part of such buildings or lands, either alone or with others. Week shall mean seven (7) days. Year shall mean a calendar year unless otherwise specifically provided. (New) 1-3 CONSTRUCTION. For the purpose of this Code and any other ordinances heretofore or hereafter adopted, except as the context may otherwise require: The present tense includes the past and future tenses and the future, the present. The masculine gender includes the feminine and neuter. The singular number includes the plural and the plural, the singular. Shall is mandatory and may is permissive. The time within which an act is to be done shall be computed by excluding the first and including the last day and if the last day be a Sunday, or a legal holiday, that day shall be excluded.

4 Writing and written shall include printing, typewriting and any other mode of communication using paper or similar material which is in general use, as well as legible handwriting. Chapter shall mean one of the major divisions of this Code identified by a Roman numeral, ad divided by subject matter. Section shall mean a major subdivision of a chapter. Subsection shall mean a subdivision of a section, identified by a decimal number. Paragraph shall mean a subdivision under a subsection, identified by an alphabetical letter and/or Arabic number. Whenever a specific time is used in this Revision, it shall mean the prevailing and established time in effect in the State of New Jersey during any day in any year. Any citation of a statute, law or ordinance contained in this Revision shall be deemed to refer to such statute, law or ordinance as amended, whether or not such designation is included in the citation. (New) 1-4 SEVERABILITY. If any chapter, section, subsection or paragraph of this Code shall be declared to be unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such chapter, section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining chapters, sections, subsections or paragraphs of this Code. (New) 1-5 GENERAL PENALTY Maximum Penalty. For violation of any provision of this Code, or any other ordinance of the Borough of Point Pleasant, unless a specific penalty is otherwise provided in connection with the provision violated, the maximum penalty upon conviction of the violation shall be one or more of the following: a fine not exceeding one thousand ($1,000.00) dollars or imprisonment in the County Jail for a period not exceeding ninety (90) days, or to a period of community service not exceeding ninety (90) days. (New; N.J.S.A. 40:49-5) Separate Violations. Except as otherwise provided, each and every day in which a violation of any provision of this Code or any other ordinance of the Borough exists shall constitute a separate violation. (New) Application. The maximum penalty stated in the general penalty clause of this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or a particular violation. (New) Minimum Penalty. The Borough Council may prescribe that, for the violation of any particular Code, provision or ordinance, at least a minimum

5 penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding one hundred ($100.00) dollars. (New) 1-6 REGULATIONS PERTAINING TO THE REVISED GENERAL ORDINANCES Amendments. Any and all additions, amendments or supplements to the Revised General Ordinances of the Borough of Point Pleasant, when passed and adopted in such form as to indicate the intention of the Mayor and Borough Council to be a part thereof, shall be deemed to be incorporated into the Code, so that reference to The Code of the Borough of Point Pleasant, or The Revised General Ordinances of the Borough of Point Pleasant shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and inserted in the loose-leaf book containing the Code, as amendments and supplements thereto. (Ord. #368, S 1-8) Maintaining Code Up-to-Date. It shall be the duty of the Borough Clerk or someone authorized and directed by the Borough Clerk to keep up-todate the certified copy of the book containing the Revised General Ordinances of the Borough of Point Pleasant, which is required to be filed in the office of the Borough Clerk for the use of the public. All changes in Revised General Ordinances and all ordinances adopted by the Mayor and Council subsequent to the effective date of this codification which the Mayor and Borough Council shall adopt specifically as a part of the Revised General Ordinances, shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to this Code, at which time such supplements shall be inserted therein. (Ord. #368, S 1-9) Sale of Revised General Ordinance Book. Copies of the book containing the Revised General Ordinances of the Borough of Point Pleasant, may be purchased from the Borough Clerk upon the payment of a fee to be set by resolution of the Mayor and Borough Council, who shall also arrange for procedures for the periodic supplementation thereof. (Ord. #368, S 1-10) Altering or Tampering with the Revised General Ordinances; Penalties for Violation. It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion thereof, or to alter or tamper with the Revised General Ordinances of the Borough of Point Pleasant in any manner whatsoever, which will cause the law of the Borough to be misrepresented thereby. Anyone violating this section shall be subject, upon conviction, to the penalty stated in Section 1-5. (Ord. #368, S 1-14)

6 CHAPTER II ADMINISTRATION* 2-1 CHAPTER TITLE. This Chapter shall be known and may be cited as the Administrative Code of the Borough of Point Pleasant (New; Ord. #872, S 2) 2-2 BOROUGH COUNCIL Organization of Borough Council. The Council shall consist of the Mayor and six (6) councilmen elected at large in the Borough, all of whom shall be elected and take office in the manner provided by law. The term of office shall commence January 1 next following their election. (New; Ord. #872, S 2) Rules of Council. The Council shall by ordinance adopt rules or procedure not inconsistent with this Code. The rules shall provide for standing committees of the Council. (New; Ord. #872, S 2) Ordinances and Resolutions. Council shall take appropriate action to insure that ordinances and resolutions of the preceding year are compiled and codified. (New; Ord. #872, S 2) Vacancies. Whenever a vacancy occurs in the membership of the governing body, the vacancy shall be filed in accordance with the provisions of the Municipal Vacancy Law, N.J.S. 40A:16-1 et seq. (New; Ord. #872, S 2) Qualifications. Every person appointed by the Borough Council or by the Governor to fill a vacancy, either for the unexpired term or temporarily, shall have the qualifications required by statute to permit the appointee to qualify for election to the office, and if the previous incumbent had been elected to office as the nominee of a political party, the person so appointed shall be of the same political party. (New; Ord. #872, S 2) 2-3 COUNCIL BYLAWS Use of Robert s Rules of Order. The meetings of the Council shall be governed by Robert s Rules of Order so far as the same do not conflict with these bylaws or with the statutes of the State of New Jersey governing boroughs and municipalities generally. (Ord. #530, S 24B-1; Ord. #872, S 2) * Borough of Point Pleasant is governed under the Borough form of government outlined in Chapter of Title 40 of the Revised Statutes. The administrative code has been drafted in conformity with the Borough law and in many instances provisions have been restated. Other enabling laws relevant to this Chapter are R.S. 2A:9-7, et seq., Municipal Court; R.S. 26:3-1 et seq., Board of Health; R.S. 40:55D-69, Zoning Board of Adjustment; R.S.40:55D-23, Panning Board; R.S. 40:47-1, Police Department and Fire Department; R.S. 40:56A-1, Environmental Commission; and R.S. 40:48-2, General Authority to Regulate the Internal Affairs of the Borough. For salary grades and ranges, wages, compensation and fees of all officers and employees of the Borough, see annual salary ordinances of the Borough. Such ordinances are not included in these Revised Ordinances, but are saved from repeal. See Adopting Ordinance.

7 2-3.2 Responsibilities of Mayor and Council. a. Duties of Mayor. 1. The Mayor shall preside over the meetings of the Council. He shall also participate in the determination of Borough affairs to the extent permitted by statute and by these bylaws and shall see that the laws of the State and the ordinances of the Borough are faithfully executed. He shall recommend to the Council such measures as he may deem necessary or expedient for the welfare of the Borough. He shall, pursuant to N.J.S.A. 40A:60-5.h, maintain peace and good order and have the power to suppress all riots and tumultuous assemblies in the Borough in accordance with statutes made and provided in such instance or in accordance with the powers granted by the statutes governing boroughs, as the same may be amended by the Legislature of the State of New Jersey. 2. He shall, on all occasions, preserve strict order and decorum, and he shall cause the removal of all persons who interrupt the orderly proceedings of the Council, either upon his own motion or upon a majority vote of Council. 3. When two (2) or more Councilmen shall rise at the same time, he shall name the one entitled to the floor. 4. He shall decide all questions of order without debate subject to an appeal to the Council, and he may call upon the Council for the option of the Council upon any question of order. b. Duties of Council. 1. The Council, by a majority vote, shall appoint one (1) or more of its members to serve as liaison between the Borough Council and all boards, committees, agencies or organizations. 2. In the absence of the Mayor or if he is unable to perform his duties, the Council President, or, in his or her inability to act, the Council member having the longest term as such, shall act as Mayor as provided by statute (see N.J.S.A. 40A:60-6). In addition, the Council President, chosen in accordance with the section of these bylaws set forth hereinafter, shall preside over public participation sessions, not required by statute, at all regular or special meetings of the Council. (Ord. #530, S 24B-2; Ord. #872, S 2) Responsibilities of the Borough Clerk. See Section Meetings Generally. a. Annual Meetings. 1. The Council shall hold an annual meeting on January 1 at 12:00 Noon, or during the first seven (7) days of January in any year (see N.J.S.A. 40A:60-3.a). 2. At the aforesaid meeting, the Council shall fix time and place for holding regular meetings, whether designated as caucus meetings or otherwise, during the ensuing year, for the transaction of business, notice of which shall be prominently posted throughout the year in at least one public place in the Municipal Building reserved for such or similar announcements and shall be mailed to two (2) newspapers within the area of jurisdiction of the public body of such meetings, one of which shall be the official newspaper and one other newspaper, both of which shall have the greatest likelihood of informing the public within the limits

8 of the Borough of such meeting, all in accordance with Chapter 231 of the Laws of 1975, more commonly known as the Open Public Meetings Act, 1 or in accordance with such other provisions of the Act as the same may be amended by the Legislature of the State of New Jersey. 3. At the annual meeting, the Council will elect one (1) of its members as Council President to serve for the calendar year (see N.J.S.A. 40A:60-3.b). b. Special Meetings. The Mayor shall, when necessary, call special meetings of the Council. In case of his neglect or refusal, four (4) members of the Council may call such meeting at such time and place as they may designate. In all cases of special meetings, reasonable advance notice, considered to be of forty-eight (48) hours, except in case of emergency, shall be given in person to all members of the Council or left at their places of residence (see N.J.S.A. 40:48-24). In addition, notice of such meetings shall be provided as in paragraph a.2 where, upon the affirmative vote of three-fourths (3/4) of the members present and notwithstanding the failure to provide adequate notice: 1. Such meeting is required and ordered to deal with matters of such urgency and importance that a delay for the purpose of providing forty-eight (48) hours notice will likely result in substantial harm to the public interest. 2. The meeting is limited to discussion of and acting with respect to such matters of urgency and importance, and notice of such meeting is provided as soon as possible following the calling of such meeting, which notice shall be in accordance with paragraph a.2 of this subsection. 3. The Borough Council could have reasonably foreseen the need for such meeting, but notice of such meeting was not provided (see Section 4(b), Chapter 231 of the Laws of 1975). c. Quorums. 1. A quorum shall be as provided in the Revised Statutes of New Jersey, that is, three (3) Councilmen and the Mayor, and in the absence of the Mayor, four (4) Councilmen (see N.J.S.A. 40A:60-3.d). d. Conduct of Meetings. 1. The agenda shall determine the order of business. 2. In any event, the public participation session at regular meetings shall be scheduled, as nearly as possible, one-half (1/2) hour after the call to order, consistent with good order, and the order of business shall be interrupted to allow for a public participation session not to exceed one hour s length in time. Each member of the public desiring to address Council during the public session shall keep his remarks brief and pertinent to the issue being discussed and shall not exceed a time period of five (5) minutes for his remarks, in order to adequately provide all members of the public with the opportunity to address the Borough Council consistent with good order and efficiency. If the hour allocated for the public participation session shall prove inadequate at any meeting of the Council, then the Council may, by a majority vote, designate a further public participation session which shall take place in the order of business immediately prior to adjournment. 3. The aforesaid order of business at any meeting may be changed by a majority vote of the members of the Council present at such meeting. 1 Editor s Note: See N.J.S.A. 19:4-6 et seq.

9 e. Majority Vote Required. Except as otherwise required by the statutes or specifically provided in these bylaws, all action of the Council shall be by a majority vote of those present. f. Provision for Roll Call Vote. Upon demand of one member of Council or when ordered by the Mayor or when directed by statute, a roll call vote shall be taken and the yeas and nays entered in the minutes of the meeting. (Ord. #530, S 24B-4; Ord. #872, S 2) Committees. a. Standing Committees. 1. A minimum of six (6) standing committees of the Council, consisting of three (3) Council members each, shall be appointed at the annual meeting by a vote of the majority of Council. 2. Each Councilman shall be Chairman of at least one standing committee and a member of two (2) others. 3. Standing committees are appointed to expedite and facilitate the work of the Council, but only within statutory limits as the entire Council is held responsible for any or all of its acts. 4. A standing committee shall: (a) Plan, study, direct, and carry on the routine activities for which it has primary responsi-bility. (b) Perform such acts as may be assigned to it by the Council. (c) Report and make recommendations to the Council regarding its responsibilities and activities. 5. Except as provided above, a standing committee shall not: (a) Make promises or commitments to anyone which directly, or by inference, bind the Council. (b) Act in such a manner as to make decisions which set a precedent or violate established Council policy. b. Special Committees. Special committees may be appointed for purposes other than those included in the duties of the standing committee, by a vote of the majority of the Council. c. Committee Chairmen. 1. The Chairmen of each standing or special committee shall be prepared to report to the Council at each regular meeting on the principal activities and achievements of his committee. 2. In case of death, resignation, removal from office or incapacity to serve as Committee Chairman, the Council, by a vote of the majority, shall name the succeeding Chairman. (Ord. #530, S 24B-5; Ord. #872, S 2) Establishment of Agendas for Borough Council Meetings. a. Any item to be placed on the Borough Council Meeting Agenda must be presented to the Borough Clerk by noon on Thursday before the meeting.

10 b. Any item sought to be placed on the Borough Council Meeting Agenda by any member of the Governing Body after noon on Thursday must be first submitted to the Council President or in his absence the most senior member of the Borough Council. c. The Council President shall, at his discretion, direct the Borough Administrator to list said item on the agenda. d. If any member of the Governing Body disagrees with that determination the member of the Governing Body may address the issue at the Council meeting for authorization to place the item on the Council Meeting Agenda. e. This procedure applies to all agenda items, except those items set by the Borough Clerk, in accordance with the Borough Ordinances and New Jersey Statutes. (Ord. # , S1) 2-4 MUNICIPAL ADMINISTRATOR Creation of Office. The office of Municipal Administrator of the Borough is hereby created pursuant to N.J.S.A. 40A:9-136, et seq., N.J.S.A. 40A:60-7.a and the employment of a person to fill such position on a temporary or permanent basis is hereby authorized. (Ord. #585, S 1; Ord. #649, S 1; Ord. #872, S 2) Appointment. The Municipal Administrator shall be appointed by the Mayor with the consent of the Council. (Ord. #585, S 2; Ord. #649, S 2; Ord. #872, S 2) Term. The term of the Municipal Administrator shall be at the pleasure of the Borough Council. (Ord. #585, S 3; Ord. #649, S 3; Ord. #872, S 2) Salary. The salary of the Municipal Administrator shall be established by the Borough Council in the Annual Salary and Wage Ordinance of the Borough as amended. (Ord. #585, S 4; Ord. #649, S 4; Ord. #872, S 2) Qualifications. The Municipal Administrator shall be chosen by the Borough Council solely on the basis of executive and administrative qualifications, with reference to actual training in governmental affairs, education, experience and training as evidenced by a degree from a recognized four (4) year college in Public Administration, Business Administration, or a field related to governmental administration and by actual experience in governmental administration. (Ord. #585, S 5; Ord. #649, S 5; Ord. #872, S 2) Residency Requirement. Within nine (9) months of the date of his appointment, and during his term, the Municipal Administrator must be a permanent resident of the Borough unless this requirement is waived by resolution adopted by a majority vote of the full membership of the Borough Council. (Ord. #585, S 7; Ord. #649, S 7; Ord. #872, S 2) Removal.

11 a. The Municipal Administrator may be removed by a two-thirds (2/3) vote of the full membership of the Borough Council. The resolution of removal shall become effective three (3) months after the adoption of same by the Borough Council unless the resolution provides that it shall have immediate effect. In such event, the Borough Council shall cause to be paid to the Municipal Administrator forthwith any unpaid balance of his salary and his salary for the next three (3) months following adoption of the resolution. b. In the event of removal or resignation of the Municipal Administrator, the Mayor, pursuant to N.J.S.A. 40A:9-137, shall by resolution appoint an officer or other employee of the Borough as Acting Municipal Administrator to serve at the pleasure of the Borough Council or until a Municipal Administrator is appointed by the Mayor. Removal of the Acting Municipal Administrator shall be by a majority vote of the full membership of the Borough Council. c. The term of office of the Acting Municipal Administrator shall be no more than sixty (60) calendar days from his confirmation by the Borough Council. (Ord. #585, S 8; Ord. #649, S 8; Ord. #834, S 2; Ord. #872, S 2) General Powers and Duties. The Municipal Administrator shall provide liaison between the Mayor and Council and the various departments, officers, employees and agents of the Borough and in addition, perform the following duties: a. To supervise the administration of all departments, officers, employees and agents of the Borough as directed by the Borough Council. b. Coordinate the finances, the preparation of the budget and the compilation of analysis of budget costs and estimates; recommend to the Borough Council personnel policies ad administrative practices and enforce those adopted by it; oversee the purchase of materials, supplies and equipment to be furnished, and work and labor to be performed for the Borough, all in accordance with the direction of the Borough Council. c. Attend all executives, special, caucus and regular meetings of the Mayor and Council and perform such other duties as the Mayor and Council may describe; d. Recommend to the Mayor and Council, subject to and consistent with the New Jersey Department of Personnel, the suspension, dismissal or other disciplinary action against Borough employees and to investigate complaints regarding same; e. He shall continually review and supervise the Borough s insurance program and policies; f. When required by the Borough Council, he shall prepare applications for funds or services needed or required by the Borough and submit the same to various State, County and Federal agencies which will be willing or able to provide the necessary assistance, and shall coordinate all such applications and follow them through to completion. He shall further keep the Borough Council informed of the status of all such applications and recommend to them various sources of funds or services provided by any other governmental agency; g. He shall review daily any complaints concerning the functions and obligations of the Borough made by any of its residents or taxpayers, and he shall have and maintain a permanent record of all complaints and the disposition made; when a complaint is made, he shall make the appropriate dispositions.

12 h. He shall make any recommendations which he may believe will increase the efficiency of the operation of the Borough. i. He shall prepare and present to Mayor and Council a semi-annual report of the Borough affairs, which shall include a report from each department head; j. He shall require the various department heads to furnish an adequate inventory of all equipment, materials and supplies in stock and to recommend sale of any surplus, obsolete or unused equipment when authorized by the Mayor and Council; he shall recommend to the Council procedures for inventory control and replacement of necessary equipment and supplies, and shall insure that the procedures adopted by the Borough Council are implemented; k. The Administration shall work with the Borough Attorney, Engineer, Auditor and other appointed officials to insure that the policies and directions of the Borough Council are fully implemented; l. He shall, before separation from the Borough, render a written report on all activities of the Borough from the date of his last report to the date of his separation. (Ord. #585, S 9; Ord. #649, S 9; Ord. #872, S 2) Chief Administrative Officer. The Municipal Administrator shall be the chief administrative officer of the Borough and shall direct the administration of all departments and offices of the Borough Government subject to the direction and consultation with the Mayor and Council. (Ord. #585, S 10; Ord. #649, S 10; Ord. #872, S 2) 2-5 DEPARTMENT OF THE BOROUGH CLERK Established; Qualifications of Clerk. There shall be a Department of the Borough Clerk, the head of which shall be the Borough Clerk. The Clerk shall serve for a term of three (3) years (R.S. 40A:9-133), beginning January 1 of the year in which he is appointed; provided that any appointment to fill a vacancy shall be for the unexpired term only, except as otherwise provided by law. Prior to his appointment, the Clerk shall be qualified by training or experience, or a combination thereof, for the duties of his office, pursuant to N.J.S.A. 40A: (New; Ord. #872, S 2) Powers and Duties of the Clerk. Under the direction and supervision of the Municipal Administrator, the Clerk shall: a.serve as Clerk of the Council, subject to the provisions of subsection b. Have custody of the Borough s seal and affix it to such books, papers and documents as may be authorized pursuant to law; c. Have and take custody of all official books, papers and documents of the Borough for which no other repository is provided by the Charter or ordinance, and preserve and keep them safely; d. Perform such functions as are vested in the Clerk by the licensing provisions of State law or ordinance; e. Administer oaths or affirmations with respect to all Borough matters; f. Issue certificate as to liability for assessment for municipal improvements in accordance with provisions of Laws of 1946, Chapter 269 (N.J.S.A. 54: et

13 seq.). Prior to the issuance of any such certificate, he shall secure from the Engineer his countersignature, which shall indicate that to the best of his knowledge, information and belief the certificate is correct; and g. Undertake such other duties as shall be prescribed by the Municipal Administrator. (New; Ord. #872, S 2) Clerk of the Council; Duties. The Borough Clerk shall serve as Clerk of the Council unless the Council shall otherwise provide by resolution. The Clerk of the Council shall: a. As required by Council, keep a journal of the Council proceedings and record the minutes of every meeting, which minutes shall be authenticated by the signature of the officer presiding at the meeting, and by the Clerk of the Council; b. Preserve and record all ordinances and resolutoins adopted by the Council; c. After the close of each year, with the advice and assistance of the Borough Attorney, bind, compile or codify all the ordinances and resolutions, or true copies thereof whch then remain in force and effect; d. Properly index the record books, compilation and codification of ordinances and resolutions; e. Publicly advertise for bids in the name of the Council for all contracts for the doing of any work or the furnishing of any materials, supplies or labor, or the hiring of teams or vehicles, where the public advertisement is required by N.J.S.A. 40:50-1, or otherwise. This general direction to the Clerk of the Council to cause public advertisement for bids to be published, shall in no way affect the requirement under Section 2:10-6, that the Council must, by resolution, let each contract at the receipt of bids; f. Provide secretarial and clerical services for the Councilmen in the discharge of their official duties; and, g. Have such other duties as Council may, by resolution, prescribe or the President of the Council may from time to time require. (New; Ord. #872, S 2) Removal. The Borough Clerk shall be removed from his office pursuant to the guidelines of N.J.S.A. 40A: (Ord. #368, SS ; Ord. #872, S 2) Tenure. The Borough Clerk shall obtain tenure pursuant to the provision of N.J.S.A. 40A: and N.J.S.A. 40A: (Ord. #872, S 2) 2-6 BOROUGH COLLECTOR Appointment. The Borough Tax Collector shall be appointed pursuant to N.J.S.A. 40A: (Ord. #368, S 19-1; New; Ord. #872, S 2) Term. The Borough Tax Collector shall serve a term of office pursuant to N.J.S.A. 40A: (Ord. #872, S 2) Arrears of Taxes. The Borough Tax Collector shall also be the collector of arrears of taxes pursuant to N.J.S.A. 40A: (Ord. #872, S 2)

14 2-6.4 Tenure. Th Borough Tax Collector shall obtain tenure pursuant to N.J.S.A. 40A:9-144 and N.J.S.A. 40A: (Ord. #872, S 2) Duties. The Borough Tax Collector shall collect all monies due to the Borough for payment of real proeprty taxes and assessments, as required by law, and shall perform those duties as may be assigned by the Municipal Administrator. (Ord. #872, S 2) 2-7 MUNICIPAL COURT Court Established. A Municipal Court for the Borough, is established as of January 11, 1949, pursuant to th provisions of Chapter 264 of the Laws of 1948 as amnded and supplemented. (Ord. #368, S 65-1; Ord. #872, S 2) Name. The name of the Municipal Court shall be the "Municipal Court of the Borough of Point Pleasant." (Ord. #368, S 65-2; Ord. #872, S 2) Seal. The Municipal Court shall have a seal which shall bear the impression of the name of the Court. (Ord. #368, S 65-3; Ord. #872, S 2) Municipal Judge; Appointment, Term of Office. There shall be a Municipal Judge of the Municipal Court, who shall be appointed by the Mayor with the advice and consent of the Council, and who shall serve for a term of three (3) years from the date of his appointment and until his successor is appointed and qualified. (Ord. #368, S 65-4; Ord. #872, S 2) Compensation of Municipal Judge. This section shall be amended or changed by the Mayor and Borough Council. (Ord. #368, S 65-5; Ord. #872, S 2) Powers, Duties and Jurisdiction. The Municipal Court and the Municipal Judge thereof shall have, possess and exercise all the functions, powers, duties and jurisdiction conferred by the provisions of Chapter 264 of the Laws of 1948 as amended and supplemented, or by any other law. (Ord. #368, S 65-6; Ord. #872, S 2) Clerk; Appointment, Term, Salary, Duties. There shall be a Clerk of the Municipal Court who shall be appointed by the Mayor, with the advice and consent of the Borough Council. The salary of the Clerk of the Municipal Court shall be fixed by the Mayor and Borough Council. The Clerk shall perform such functions and duties as shall be prescribed for him by law, the rules applicable to Municipal Courts and by the Municipal Judge. (Ord. #368, S 65-7; Ord. #872, S 2) Times for Holding of Municipal Court. The Municipal Court shall be held in the Borough Hall at such times as shall be designated by the Borough Municipal Court. (Ord. #368, S 65-8; Ord. #872, S 2) Municipal Public Defender. a. Creation of Office. The office of Municipal Public Defender of the Borough is hereby created pursuant to S-1886, thereby formally amending

15 and supplementing Title 2B of the New Jersey Statutes and repealing N.J.S.A. 2B: b. Appointment. The Municipal Public Defender shall be appointed by the Mayor with the consent of the Council. No person shall hold office as Municipal Public Defender and hold any other office or position in the Borough. c. Term. The term of Municipal Public Defender shall be for one (1) year, expiring on December 31st of each year. The term of the first Municipal Public Defender however shall be from the date of the appointment until December 31, d. Compensation. The compensation of the Municipal Public Defender shall be established by the Borough Council pursuant to an agreement for professional services to be entered into by the Municipal Public Defender and the Borough. e. Qualification. The Municipal Public Defender shall be a duly licensed attorney-at-law of the State of New Jersey. The Municipal Public Defender shall be appointed by the Borough to represent indigent defendants in proceedings over which the Borough Municipal Court has jurisdiction. f. Duties of the Municipal Public Defender. The Municipal Public Defender shall represent an indigent defendant charged in Municipal Court with a disorderly persons or petty disorderly persons offense, or with a crime as specified in N.J.S.A. 2B:12-18 or with the violation of any statute, ordinance or regulation of a penal nature where, in the opinion of the Municipal Court, there is a likelihood that the person, if convicted, will be subject to imprisonment. The Municipal Public Defender shall represent an indigent defendant charged in Municipal Court with a crime as specified in N.J.S.A. 2B:12-18 or, if in the opinion of the Municipal Court there is a likelihood that the defendant, if convicted of any other offense, will be subject to imprisonment or other consequence of magnitude, the Municipal Public Defender shall represent an indigent defendant. g. Attorney/Client Privilege. All communications between the indigent defendant and the Municipal Public Defender or any other attorney appointed to act as a Municipal Public Defender shall be fully protected by the attorney/client privilege to the same extent and degree as though counsel had been privately engaged. This shall not preclude the use by a Municipal Public Defender of privileged material for the preparation and disclosure of statistical, case study and other sociological data, provided that in any such use there shall be no disclosure of the identity of or means for discovery of the identity of particular defendants. h. Vacancy in the Office. If there is a vacancy in the Office of Municipal Public Defender, if the Municipal Public Defender is temporarily unavailable or if a finding of conflict of interest precludes the Municipal Public Defender from representing an indigent defendant, the Municipal Prosecutor may prosecute the offense if the Municipal Court appoints a qualified attorney to represent the indigent defendant. Unless rates are otherwise established by the Borough, the attorney shall be entitled to compensation at the same rate as the attorneys hired by the New Jersey Office of Public Defender in conflict cases, with payment to be made within thirty (30) days. Once appointed, the attorney shall carry out all

16 duties of the Municipal Public Defender in connection with the case that is the subject of the appointment. i. Eligibility of Indigent Defendant. Eligibility for services of the Municipal Public Defender shall be determined by the Municipal Court on the basis of the need of the defendant. Need shall be measured according to Section 14 of P.L. 1967, c. 43 and guidelines promulgated by the New Jersey Supreme Court. In the event that a determination of eligibility cannot be made before the time when the first services are to be rendered, or if an initial determination is found to be erroneous, the Municipal Court shall refer the defendant to the Municipal Public Defender provisionally, and if subsequently it is determined that the defendant is ineligible, the Municipal Court shall inform the defendant, and the defendant shall be obliged to engage his/her own counsel and to reimburse the Borough for the cost of the services rendered to that time. The Municipal Court shall make an investigation of the financial status of each defendant seeking representation pursuant to this section, and shall have the authority to require a defendant to execute and deliver written requests or authorizations required under applicable law to provide the Court with access to records of public or private sources, otherwise confidential, as may be of aid in evaluating eligibility. The Court is authorized to obtain information from any public record office of the State or of any subdivision or agency thereof on request and without the fees ordinarily required by law. Whenever a person entitled to representation by a Municipal Public Defender pursuant to this section is under the age of eighteen (18) years, the eligibility for services shall be determined on the basis of the financial circumstances of the individual and the financial circumstances of the individual's parents or legal guardians. The Borough shall be entitled to recover the cost of legal services from the parents or legal guardians as provided in this section, and the Municipal Court shall have authority to require parents or legal guardians to execute and deliver the written requests or authorization required under applicable law in order to provide the Court with access to records of public or private sources, otherwise confidential, as may be of aid to it in evaluating eligibility. If the defendant has or reasonably expects to have means to meet some part, though not all, of the cost of the services rendered, the defendant shall be required to reimburse the Borough, either by a single payment or in installments in such amounts as he/she can reasonably be expected to pay. The Borough shall have a lien on any property to which the defendant shall have or acquire an interest for an amount equal to the reasonable value of the services rendered to a defendant pursuant to this section as calculated at the same rate as the New Jersey Office of the Public Defender bills clients at that time. The Borough may attempt to effectuate such lien and to collect monies due to the Borough all in accordance with the provisions of S-1886 enacted into law on September 23, 1997, as amended.

17 j. Application for Representation by the Municipal Public Defender. Any person seeking to be represented by the Municipal Public Defender, or Court approved counsel, shall pay an application fee to the Borough of two hundred ($200.00) dollars, unless the Municipal Court determines that the amount necessary to the pay the cost of the Municipal Public Defender will be less than two hundred ($200.00) dollars. In accordance with guidelines promulgated by the New Jersey Supreme Court, the Municipal Court may waive any required application fee, in whole or in part, only if the Court determines, in its discretion, upon a clear and convincing showing by the applicant, that the application fee represents an unreasonable burden on the person seeking representation. The Municipal Court may permit an applicant to pay the application fee over a specified period of time, not to exceed four (4) months. Funds collected pursuant to this subsection shall be deposited in a dedicated fund administered by the Chief Financial Officer of the Borough. Such funds shall be used exclusively to meet the costs incurred in providing the services of the Municipal Public Defender including, when required, expert and lay investigation and testimony. k. Removal of the Municipal Public Defender. In addition to any other means provided by the law for the removal from office of a public official, the Municipal Public Defender may be removed by the Borough Council of the Borough for good cause shown and after a public hearing, and upon due notice and an opportunity to be heard. Failure to reappoint the Municipal Public Defender for a second or subsequent term does not constitute a "removal from office" within the meaning of this subsection. l. Representation of Private Clients. The Municipal Public Defender may represent private clients in the Borough subject to the Rules of Court Governing the Conduct of Lawyers, Judges and Court Personnel. (Ord. #95-09, S 1; Ord. # , SS 1 12; Ord. # , S 1) 2-8 POLICE DEPARTMENT Establishment and Composition. There is hereby established and created a Police Department in the Borough. (Ord. #368, S 75-1; Ord. #872, S 2) Chief of Police. The Mayor shall, with the advice and consent of the Borough Council, appoint a Chief of Police. (Ord. #368, S 75-2; Ord. #872, S 2) Compensation. The Chief of Police and officers shall receive such pay or compensation as may heretofore have been or shall hereafter be established by the Annual Salary Ordinance. (Ord. #368, S 75-3; Ord. #872, S 2) Supervision. The members of the Police Department shall be under the direction and supervision of the Chief of Police who shall be subject to general supervision by the Police Committee. (Ord. #368, S 75-4; Ord. #584, S 1; Ord. #872, S 2) Composition. The uniform forces of the Department shall consist of a Chief of Police and such captains, lieutenants, sergeants and regular and special

18 policemen as the Mayor and Council may designate. (Ord. #368, S 75-7; Ord. #872, S 2) Chief of Police; Duties. The Chief of Police shall consist of the executive officer of the Department. He shall be charged with the enforcement of all ordinances of the Borough and the laws of the State of New Jersey, and such rules and regulations as may be promulgated for the regulation of the Department. He shall have charge of and be responsible for all property of the Borough used by the Department. (Ord. #368, S 75-9; Ord. #872, S 2) Special Policemen. Special policemen shall be appointed by the Mayor and Council for extra police work. Other special policemen may be appointed at the request of private parties after the cause for such request is approved by the Committee and the Chief of Police. No special police shall be appointed for more than one calendar year. a. Adult School Crossing Guards. 1. The Borough Council shall annually appoint by resolution such adult school crossing guards as the Borough Council shall determine to be necessary for the performance of duties as hereinafter set forth. The determination of the Borough Council shall be based upon the advice and recommendations of the Chief of Police of the Borough who shall recommend to the Borough Council the appointment of such school crossing guards as the Chief of Police shall, after proper investigation, determine to be necessary for the performance of duties as hereinafter set forth. 2. No person shall be appointed as an adult school crossing guard unless he: (a) Is a resident of the Borough of Point Pleasant; (b) Is sound in body and of good health; (c) Is of good moral character; (d) Has not been convicted of any criminal offense involving moral turpitude. 3. Terms. Any adult school crossing guard hereafter appointed shall be appointed for a term of one year which term shall commence on August 1 of the year of his appointment and shall terminate on July 31 of the next succeeding year. 4. Application and Investigation. (a) Any person desiring to be appointed as an adult school crossing guard shall do so by completing and filing with the Chief of Police of the Borough an application for appointment as an adult school crossing guard which application shall b eon such forms as may be prescribed by the Chief of Police of the Borough. Any person desiring to be appointed as an adult school crossing guard who has completed and filed with the Chief of Police an application as hereinafter provided with respect to any prior year may, in lieu of filing a new application, file a certification that the information contained in such prior application has not changed. (b) Any application for prescribed by the Chief of Police of the Borough as hereinabove set forth shall include therein: (1) Name, address and age of applicant;

19 (2) A listing of all other municipalities in which the applicant had previously performed duties as an adult school crossing guard; (3) A certification by the applicant that if appointed as an adult school crossing guard the applicant shall faithfully perform the duties of that office and shall remain available for duty assignment by the Chief of Police for the entirety of the term of the applicant s appointment; (4) A certification that the applicant has not been convicted of any criminal offense involving moral turpitude. (c) All applications for appointment as an adult school crossing guard shall be filed with the Chief of Police not later than June 15 in any given year. (d) The Chief of Police of the Borough shall review each application for appointment as an adult school crossing guard and shall cause an investigation of such application and the information contained therein to be undertaken. The Chief of Police shall complete such review and investigation and provide recommendations concerning the appointment of each applicant as an adult school crossing guard to the Borough Council on or before July 15 in any given year or the date of the last regular meeting of the Borough Council prior to August 1 in such given year, whichever is earlier. 5. Status and Duties. (a) An adult school crossing guard shall not be a member of the Police Department of the Borough. (b) Any powers conferred upon an adult school crossing guard pursuant to his appointment in accordance with law shall case at the expiration of the term for which he was appointed. (c) No adult school crossing guard shall have the right to bear firearms or the power of arrest. (d) Every adult school crossing guard shall be under the supervision and direction of the Chief of Police of the Borough and shall comply with the rules and regulations applicable to the conduct and decorum of regular police officers of the Borough, excepting that adult school crossing guards shall not be required to observe any ordinance regulating the length of hair of regular police officers. (e) Every adult school crossing guard shall be trained for the proper performance of his duties and responsibilities. Such training shall consist of a minimum of two (2) hours of classroom instruction which shall include information on methods of traffic control and the duties and responsibilities of adult school crossing guards and a minimum of twenty (20) hours of field training in which the trainee shall be supervised by an experienced adult school crossing guard or a regular police officer appointed by the Chief of Police. (f) Before being assigned to any post, an adult school crossing guard shall be provided with a uniform which shall identify his function and shall be distinct from the uniform of a member of the regular Police Department. Such uniform shall include but not be limited to a safety vest, hat and breast and hat badges which shall bear an identification number and the words Crossing Guard and Borough of Point Pleasant. (g) All adult school crossing guards specifically including any and all adult school crossing guards appointed under any prior ordinances which may have been in existence and effective prior to the effective date of this subsection

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